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All Journal Jurnal Yustika: Media Hukum dan Keadilan Reformasi Hukum
Veronica, Shierren
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Due Process in a Search of Electronic System by Patrol Officer Nawa, Fridolin; Veronica, Shierren; Samudra, Anton Hendrik; Setiawan, Peter Jeremiah
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 25 No. 02 (2022): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v25i02.5338

Abstract

The criminal justice system provides the legal framework for a fair and justifiable search. A search is justifiable when there is a search warrant or strong suspicion of crime by the police. However, instances of coercion and arbitrary acts by law enforcement officers still occur in practice, as seen in the case portrayed in East Jakarta. While this case does not represent the behaviour of all law enforcement officers, the standard for a fair search must be enforced. This article discusses the legal procedures for conducting a justifiable search of electronic systems suspected to be a tool of crime and evaluates whether such a search would violate the right to privacy. The article provides an academic discussion and evaluation of criminal law procedures in practice, using doctrinal research to scrutinize the provisions within the Electronic Information and Transaction Law (EITL), Criminal Procedure Law (CPL), and Personal Data Protection Law (PDPL) to determine the parameters of a justifiable search of an electronic system that conforms to the due process of law. Additionally, a comparison between the PDPL and the UK GDPR, as well as the 2018 Data Protection Act, was conducted to evaluate the privacy provisions in a search activity by law enforcement officers. The research finds that not every patrol officer has the justified measures to conduct a search on an alleged person, unless there is enough probable cause as stipulated in the CPL. Searches of civilian cell phones that are not in accordance with CPL, EITL, and PDPL should be considered illegal, and the officer who conducts them should be held accountable, both legally and ethically.
Indonesia and World Trade Organization’s Prohibtion on Fisheries Subsidies: Finding a Breakthrough Gea, Gita Venolita Valentina; Krustiyati, Atik; Veronica, Shierren
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1170

Abstract

Fishermen have long been a vital part of coastal communities, especially in developing countries like Indonesia. However, the recent prohibition of fisheries subsidies by the World Trade Organization (WTO) has raised significant legal and economic concerns. This article aims to examine the implications of the WTO’s Agreement on Fisheries Subsidies for Indonesia and explore potential legal strategies to reconcile international obligations with national interests. Using a normative juridical method, this study analyzes the provisions of the WTO agreement, particularly the eight types of prohibited subsidies, and their impact on Indonesia’s small-scale fisheries sector. The findings indicate that a sudden termination of these subsidies may harm the livelihoods of traditional fishermen and disrupt coastal economies. This situation presents a legal and diplomatic paradox: Indonesia must comply with global trade rules while safeguarding the welfare of its people. As a solution, Indonesia should leverage international negotiations and legal mechanisms to advocate for flexibilities or special treatment for developing countries. In conclusion, while the WTO agreement aims to prevent overfishing and promote sustainability, its implementation must be carefully balanced to avoid adverse effects on developing nations. Indonesia must therefore find a legal and diplomatic breakthrough to protect both its obligations and its national interests.
Co-Authors Anton Hendrik Samudra Atik Krustiyati Gea, Gita Venolita Valentina Nawa, Fridolin